Appeal against North Platte UnionPac observation tower may fail for lack of funds

"I see another I-80 Archway!" Plaintiffs who sued North Platte City council for levying occupation tax to finance observation tower over Union Pacific yards may have to give up fight for lack of funds. 08/24/2005 The North Platte Telegraph The fight to stop the building of the Golden Spike Tower and Visitor Center is in danger of stalling, due to a lack of funds."We have got to the point where I cannot and will not continue to fight this by myself," Leonard Hiatt said Tuesday. Hiatt has led the fight against the building of the Golden Spike, a tourism attraction that would show off the Union Pacific Railroad's Bailey Yard. Hiatt and three other men filed suit against the Spike board and the City of North Platte, challenging the attraction's financing. The proposed project is financed by an occupation tax levied against motels and hotels in the city. The suit claimed that the city violated the Nebraska Constitution by entering into an option agreement with the Golden Spike, funneling public funds through a private corporation. Article XIII, section 3 of the Nebraska Constitution provide in part: The credit of the state shall never be given or loaned in aid of individual, association, or orporation In March, District Judge John Murphy dismissed the suit brought by Hiatt, saying the group lacked standing to bring the suit. Hiatt appealed the decision, and is awaiting word from the Nebraska Court of Appeals as to whether or not the case will be heard there or go directly to the Nebraska Supreme Court. While waiting for word on the appeal, Hiatt has circulated a petition that asks the city council to reconsider the financing of the project with occupation taxes. This week, Hiatt was contacted by his attorney, Peter Burger, who has threatened to withdraw from the case if he is not paid. "I'm tired of using my own money," Hiatt said. "Any citizen that has signed the petition and said we don't need the Spike needs to step in and help. "I have worked many days on this to keep it going, and I can't continue to pay the bills myself," Hiatt said. Hiatt is disappointed by the lack of financial support, he said. "If you are interested in seeing this go forward to a conclusion, you must step forward now, or I am going to have to back out," Hiatt said. It has been the working class of the city that has supported his efforts to halt the project, according to Hiatt. "I've had doctors and lawyers tell me they are going to support this effort," Hiatt said. "But they haven't backed it up with donations." The petitions have been gathered and the process of counting signatures has begun. Hiatt intends to present the results of the petition at the next meeting of the North Platte City Council. "All people need to do is send a check to the post office box," Hiatt said. "Or walk into Wells Fargo Bank and make a donation. Step forward now, or I'm going to drop the effort."